Solutions To Problems With Veterans Disability Lawyer > 고객센터

How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years for a decision to be made.

Aggravation

A veteran might be able to receive disability compensation for a condition that was worsened due to their military service. This type of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. A claimant needs to prove either through medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's statement the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans it is crucial to note that the aggravated condition has to differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and witness to prove that their original condition wasn't only aggravated because of military service, but was also more severe than it would have been had the aggravating factor hadn't been present.

In order to address this issue, VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and debate regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To qualify a veteran for benefits, they must demonstrate that their illness or disability is related to service. This is known as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that develop because of services-connected amputations is granted automatically. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who were close to them in the military to prove their condition to a specific incident that occurred during their time of service.

A preexisting medical condition may be service-related in the event that it was aggravated through active duty and not caused by the natural progression of the disease. It is best to provide an official report from a doctor that explains that the aggravation of the condition was due to service, and not the natural progression of the disease.

Certain injuries and illnesses can be attributed to or aggravated by treatment. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuits radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or aggravated by service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, lawyers then you're able to do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two options to request higher-level review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and either reverse or affirm the earlier decision. It is possible that you will be able not required to submit a new proof. You may also request an appointment with an Veterans Law judge at the Board of veterans disability law firm' Appeals, Washington D.C.

It's important to discuss all of these issues with your VA-accredited lawyer. They will have experience and will know the best route for your case. They are also familiar with the difficulties that disabled veterans face, which makes them an effective advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened during your time in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. You may need to wait up to 180 calendar days after filing your claim before you get an answer.

There are many variables which can impact the length of time the VA will take to make an decision on your claim. The amount of evidence submitted will play a big role in the speed at which your application is considered. The location of the VA field office who will review your claim can also impact the length of time required to review.

The frequency you check in with the VA on the status of your claim could affect the time it takes to complete the process. You can accelerate the process by making sure to submit all evidence as swiftly as you can, and providing specific information about the medical care facility you use, and lawyers sending any requested information.

If you believe there has been a mistake in the decision regarding your disability, you may request a higher-level review. You must submit all the facts regarding your case to an experienced reviewer, who will decide whether there an error in the original decision. However, this review is not able to contain new evidence.